No. 10485.

545 S.W.2d 91 (1976)

STATE of Missouri, Plaintiff-Appellant, v. Ervin HACKMAN, Jr., Defendant-Respondent.

Missouri Court of Appeals, Springfield District.

December 22, 1976.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., W. Swain Perkins, Prosecuting Atty., Alton, Neil MacFarlane, Asst. Atty. Gen., Jefferson City, for plaintiff-appellant.

R. Jack Garrett, West Plains, for defendant-respondent.

STONE, Judge.

A Howell County jury found defendant Ervin Hackman, Jr. guilty of felonious assault without malice. On July 5, 1976, defendant filed a "motion to set aside judgment or motion for new trial." Thereafter, Special Judge James T. Riley entered an order on September 13, 1976, which granted defendant's motion for new trial in accordance with paragraph No. 22 of said aftertrial motion which alleged that the court erred in allowing a state's witness, a highway...

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